Citation Nr: 0416053
Decision Date: 06/21/04 Archive Date: 06/30/04
DOCKET NO. 03-30 284 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Manila, the
Republic of the Philippines
THE ISSUE
Entitlement to an earlier effective date for the payment of
Department of Veterans Affairs (VA) compensation at the full-
dollar rate under Public Law 106-377 for Filipino veterans
residing in the United States.
REPRESENTATION
Appellant represented by: California Department of
Veterans Affairs
ATTORNEY FOR THE BOARD
W. Sampson, Counsel
REMAND
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a November 2002 rating decision of the
VA Regional Office (RO) in Manila, the Republic of the
Philippines.
In his VA Form 9, Appeal to Board of Veterans' Appeals, the
veteran requested a personal hearing before a Veterans Law
Judge (VLJ) sitting at the RO.
This case is therefore REMANDED to the RO for the following
development:
The RO should schedule a hearing before a
Veterans Law Judge at the RO, or obtain
documentation from the appellant to the
effect that he no longer wishes such a
hearing. Full documentation of all
contact with the appellant should be
placed in the claims file, as well as a
complete record of the appellant's
appearance or failure to appear at any
scheduled hearing.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate
outcome of this case. The appellant need take no action
unless otherwise notified.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of
2003, Pub. L. No. 108-183, § 707(a), (b), 117 Stat. 2651
(2003) (to be codified at 38 U.S.C. §§ 5109B, 7112).
_________________________________________________
JEFF MARTIN
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2003).